Case: EEOC v. Leo Palace Resort

EEOC v. Leo Palace Resort; Holbrook v. MDI Guam Corporation

EEOC v. Leo Palace Resort; Holbrook v. MDI Guam Corporation

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

Summons Issued as to Leo Palace Resort. (vtk, ) (Entered: 09/29/2006)

Complaint against Leo Palace Resort filed by U.S. Equal Employment Opportunity Commission. No filing fee collected. (Attachments: # (1) Cover Sheet)(vtk, )

1 Cover Sheet

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Notice of Filing Complaint Containing Original Signature of Anna Y. Park filed by U.S. Equal Employment Opportunity Commission re [1] Complaint. (vtk, )

Summons Returned Executed filed by U.S. Equal Employment Opportunity Commission. Leo Palace Resort served on 10/4/2006, answer due 10/24/2006. (vtk, )

Answer to Complaint; Certificate of Service filed by Leo Palace Resort.(rmm, )

Scheduling Notice - Proposed Scheduling Order due by 12/13/2006. Proposed Discovery Plan due by 12/13/2006. Scheduling Conference set for 12/28/2006 at 10:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. (rmm, )

Stipulation Rescheduling Conference filed by Leo Palace Resort. (vtk, )

Order granting [6] Stipulation Rescheduling Conference. Scheduling Conference set for 12/28/2006 is rescheduled to 1/5/2007 at 09:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. Signed by Judge Joaquin V.E. Manibusan Jr. on 12/7/06. (vtk, )

Court Certificate of Service re 7 Order − Teker Torres and Teker, PC acknowledged receipt on 12/8/2006, Dooley Roberts and Fowler LLP acknowledged receipt on 12/8/2006 (Related document: 6 Stipulation Rescheduling Conference). (vtk, ) (Entered: 12/08/2006)

Motion to Appear Telephonically filed by U.S. Equal Employment Opportunity Commission - Counsels Angela Morrison and Derek Li. (rmm, )

Order granting [8] Motion to Appear Telephonically - Counsels Angela Morrison and Derek Li. Signed by Judge Joaquin V.E. Manibusan Jr. on 12/21/2006. (rmm, )

Stipulation Permitting Jennifer Holbrook, Viviene Villanueva and RoseMarie Taimanglo to Intervene as plaintiffs. (vtk, )

Non-Objection to [8] Motion to Appear Telephonically filed by Leo Palace Resort. (vtk, )

Minute Entry for proceedings held before Judge Joaquin V.E. Manibusan Jr.: Scheduling Conference held on 1/5/2007. (Start Time: 9:12 a.m., End Time: 9:28 a.m..) (vtk, )

Stipulated Discovery Plan filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Scheduling Order and Stipulated Discovery Plan. Motions to Add Parties and Claims due by 4/20/2007. Amended Pleadings due by 4/20/2007. Discovery cut-off 6/22/2007. Discovery Motions due by 5/22/2007. Dispositive Motions due by 7/27/2007. Preliminary P/T Conference set for 10/9/2007 at 10:30 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. P/T Documents and Proposed P/T Order due by 10/16/2007. Final Pretrial Conference set for 10/23/2007 10:30 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Designations and Exhibit List due by 10/16/2007. Witness List due by 10/16/2007. Jury Trial set for 10/30/2007 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Judge Joaquin V.E. Manibusan Jr. on 1/5/2007. (vtk, )

Order granting [10] Stipulation Permitting Jennifer Holbrook, Viviene Villanueva and RoseMarie Taimanglo to Intervene as plaintiffs. Signed by Judge Frances M. Tydingco-Gatewood on 1/8/2007. (vtk, )

Summons Issued as to MDI Guam Corporation. (vtk, ) (Entered: 01/12/2007)

Complaint in Intervention filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva.(vtk, )

Summons Returned Executed filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. MDI Guam Corporation served on 1/12/2007, answer due 2/1/2007. (vtk, )

Answer to Intervenor Complaint; Certificate of Service by Leo Palace Resort.(vtk, )

Notice to Take Deposition of Jennifer Holbrook; Certificate of Service, filed by Leo Palace Resort.(rmm, )

Notice to Take Deposition of Viviene Villanueva; Certificate of Service, filed by Leo Palace Resort.(rmm, )

Notice to Take Deposition of Rosemarie Taimanglo; Certificate of Service, filed by Leo Palace Resort.(rmm, )

Notice of Rescheduled Deposition of Viviene Villanueva; Certificate of Service filed by Leo Palace Resort.(rmm, )

Stipulation Continuing All Future Discovery Plans and Scheduled Dates filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanuevare re [14] Scheduling Order and Stipulated Discovery Plan. (vtk, )

Order granting [23] Stipulation Continuing All Future Discovery Plans and Scheduled Dates. Discovery Motions due 5/22/2007 is extended to 7/6/2007. Dispositive Motions due 7/27/2007 is extended to 9/10/2007. Discovery cut-off due 6/22/207 extended to 8/6/2007. Signed by Judge Joaquin V.E. Manibusan Jr. on 6/7/2007. (vtk, )

Return of Service of Subpoena as to Tom Babauta, MSW, ACSW filed by Defendant Leo Palace Resort. (rmm, )

Return of Service of Subpoena as to Lilli Perez-Iyechad, PhD. filed by Leo Palace Resort. (rmm, )

Return of Service of Subpoena as to Lilli Perez-Iyechad, PhD. executed on 07/17/2007 (rsn, )

Return of Service of Subpoena as to Tom Babauta, MSW, ACSW executed on 07/17/2007. (rsn, )

Return of Service of Subpoena as to Christine Valencia. (vtk, )

Return of Service of Subpoena as to Thomas Hong. (vtk, )

Return of Service of Subpoena as to Joseph Ishizaki. (vtk, )

Amended Return of Service of Subpoena as to Christine Valencia. (vtk, )

Amended Return of Service of Subpoena as to Joseph Ishizaki. (vtk, )

Second Amended Return of Service of Subpoena as to Christine Valencia. (vtk, )

Amended Return of Service of Subpoena as to Thomas Hong. (vtk, )

Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. Responses due by 8/15/2007. Replies due by 8/22/2007. (vtk, )

Memorandum in Support re: [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Stipulation of Counsel [Local Rule 37.1] re [36] Motion to Compel Motion for Extension of Time to Complete Discovery Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, ) Additional attachment(s) added on 8/7/2007 (vtk, ).

1 pages 36-68

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DOCKETED IN ERROR - Duplicates entry no. 39. Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, ) **Modified on 8/7/2007 to note docket entry is duplicate** (vtk, ).

Agreement of Hearing Date (re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort ). Motion Hearing set for 8/29/2007 at 01:30 PM in 3rd Floor Courtroom before Magistrate Judge Joaquin V.E. Manibusan Jr.(vtk, )

Certificate of Service filed by Leo Palace Resort re [38] Stipulation of Counsel [Local Rule 37.1], [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination, [39] Declaration of Counsel, [37] Memorandum in Support, [41] Agreement of Hearing Date, [Proposed] Order re: Motion for Independent Medical Examination, [Proposed] Order re: Motion to Compel.(vtk, )

Motion to Appear Telephonically filed by U.S. Equal Employment Opportunity Commission - Counsel Angela Morrison (related document(s): [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination). (vtk, )

Opposition to [36] Motion to Dismiss Emotional Distress Claims; Motion for Extension of Time to Complete Discovery, Motion for Independent Medical Examination filed by U.S. Equal Employment Opportunity Commission. Responses due by 8/28/2007. Replies due by 9/4/2007. (vtk, )

Motion to File Facsimile Signature - Angela Morrison filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Opposition to [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. (vtk, )

Order granting [43] Motion to Appear Telephonically - Angela Morrison (related document(s): [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress C laims; to Extend Discovery Completion Deadline; for Independent Medical Examination). Signed by Judge Joaquin V.E. Manibusan Jr. on 8/20/2007. (vtk, )

Reply to EEOC's Memorandum [44] Opposition re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, ) **Modified on 8/22/2007 to add relation to docket no. 44** (vtk, )

Reply to Plaintiff-Intervenors' Memorandum [46] Opposition re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline. (vtk, )

Certificate of Service filed by Leo Palace Resort re [48] Reply to EEOC's Memorandum, [49] Reply to Plaintiff-Intervenors' Memorandum, [50] Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort (re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline).(vtk, )

Notice of Lodging of Original Signature filed by U.S. Equal Employment Opportunity Commission re [45] Motion to File Facsimile Signature - Angela Morrison.(vtk, )

Supplemental Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, )

Certificate of Service filed by Leo Palace Resort re [53] Supplemental Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, )

Minute Entry for proceedings held before Judge Joaquin V.E. Manibusan Jr.: Motion Hearing held on 8/29/2007 re [36] Motion to Compel Testimony and Production of Documents granted with conditions; Alternative Motion to Dismiss Emotional Distress Claims was deemed premature by Court; Motion to Extend Discovery Completion Deadline was granted with conditions; Motion for Independent Medical Examination was denied. Order to be prepared by Tim Roberts. (Court Reporter Wanda Miles.)(Start Time: 1:37:42, End Time: 2:34:56.) (vtk, )

Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [52] Notice of Lodging of Original Signature (re [45] Motion to File Facsimile Signature - Angela Morrison).(vtk, )

Motion for Partial Summary Judgment filed by Leo Palace Resort. Responses due by 9/24/2007. Replies due by 10/1/2007. (vtk, )

Memorandum in Support filed by Leo Palace Resort re: [57] Motion for Partial Summary Judgment. (vtk, )

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [57] Motion for Partial Summary Judgment. (vtk)

Unopposed Motion to Extend Discovery, Motion and Trial Dates filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. Responses due by 9/24/2007. Replies due by 10/1/2007. (vtk, )

Agreement of Hearing Date - (No oral argument requested) filed by Viviene Villanueva, Jennifer Holbrook, Rosemarie Taimanglo (re [60] Unopposed Motion to Extend Discovery, Motion and Trial Dates). (vtk, )

Filing of Transcript of Deposition of Jennifer Holbrook in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Pages 41-90# (2) Transcript pages 91-140# (3) pages 140-184# (4) Exhibits 4-8# (5) Exhibits 9-15)(vtk, )

1 Transcript pages 41-90

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2 Transcript pages 91-140

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3 pages 141-184

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4 Exhibits 4-8

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5 Exhibits 9-15

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Filing of Transcript of Deposition of Viviene Villanueva in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Transcript pages 42-90 # (2) Exhibits 1-5, pages 91-134# (3) Exhibits 6-17, pages 135-166)(vtk, )

1 *Restricted*

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2 Exhibits 1-5, pages 91-134

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3 Exhibits 6-17, pages 135-166

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Filing of Transcript of Deposition of Rosemarie Taimanglo in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Trancript pages 71-136# (2) Exhibits 1-7, pages 137-168# (3) Exhibits 8-10, pages 169-203# (4) Exhibit 11, pages 204-229# (5) Exhibits 12-15, pages 230-241)(vtk, )

1 Trancript pages 71-136

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2 Exhibits 1-7, pages 137-168

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3 Exhibits 8-10, pages 169-203

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4 Exhibit 11, pages 204-229

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5 Exhibits 12-15, pages 230-241

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Certificate of Service filed by Leo Palace Resort re [63] Filing of Transcript of Deposition of Viviene Villanueva in Support, [64] Filing of Transcript of Deposition of Rosemarie Taimanglo in Support, [62] Filing of Transcript of Deposition of Jennifer Holbrook in Support, [57] Motion for Partial Summary Judgment, [58] Memorandum in Support, [59] Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort; Notice of Motion; (Proposed) Order.(vtk, )

Order re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. Motion to compel is granted. Plaintiff-Intervenors are ordered to produce, not later than 4:00 p.m. on the third day after their receipt of this order all medical records in their possession, including without limitation handwritten notes, related to any of the Plaintiff-Intervenors in this case. Alternative motion to preclude emotional distress claims is premature and denied without prejudice. Motion for extension of the current discovery deadline is granted. Parties shall complete all remaining discovery within 30 days of the date of this Order. Leo Palace shall have 30 days from the date of this Order to retain a medical expert and deliver an expert medical report to parties. EEOC and Plaintiff-Intervenors shall have 2 weeks to take deposition of Leo Palace's medical expert. Motion for an independent medical examination is denied. Signed by Judge Joaquin V.E. Manibusan Jr. on 9/14/2007. (vtk, )

Opposition re [57] Motion for Partial Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Declaration of Counsel Angela D. Morrison on behalf of U.S. Equal Employment Opportunity Commission in Support re [67] Opposition to [57] Motion for Partial Summary Judgment. (Attachments: # (1) Exhibits 2 and 3, pages 21-100# (2) Exhibit 4, pages 101-175# (3) Exhibits 5-7, pages 176-219# (4) Exhibits 8-13, pages 220-257)(vtk, )

1 Exhibits 2 and 3, pages 21-100

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2 Exhibit 4, pages 101-175

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3 Exhibits 5-7, pages 176-219

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4 Exhibits 8-13, pages 220-257

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Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [67] Opposition, [68] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison, [69] Declaration of Counsel Angela D. Morrison (re: [57] Motion for Partial Summary Judgment). (vtk, )

Order granting [68] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. Plaintiff shall lodge the document containing the original signature as soon as possible after filing it with the facsimile signature. Signed by Judge Frances M. Tydingco-Gatewood on 9/25/2007. (vtk, )

Joinder to Plaintiff's Opposition filed by Jennifer Holbrook, Viviene Villanueva re [67] Opposition, [57] Motion for Partial Summary Judgment. (vtk, ) **Modified on 10/1/2007 to edit docket text** (vtk, )

Order Modifying Scheduling Order. Discovery cut-off 10/12/2007. Discovery Motions due by 10/12/2007. Dispositive Motions due by 10/22/2007. Trial Briefs due by 11/5/2007. Preliminary P/T Conference set for 11/13/2007 at 11:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. Designations and Exhibit List due by 11/20/2007. Witness List due by 11/20/2007. Final Pretrial Conference set for 11/27/2007 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Jury Trial set for 12/4/2007 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Judge Joaquin V.E. Manibusan Jr. on 9/27/2007. (vtk, )

Reply Memorandum in Support filed by Leo Palace Resort re: [57] Motion for Partial Summary Judgment. (vtk, )

Supplemental Declaration of Counsel in Support filed by Thomas L. Roberts on behalf of Leo Palace Resort re [57] Motion for Partial Summary Judgment. (vtk, )

Certificate of Service filed by Leo Palace Resort re [74] Reply Memorandum in Support, [75] Supplemental Declaration of Counsel in Support (re [57] Motion for Partial Summary Judgment). (vtk, )

Notice of Lodging of Original Signature of EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [69] Declaration of Counsel, [57] Motion for Partial Summary Judgment. (vtk, )

Notice to Take Deposition of Michael Robbins; Certificate of Service by Leo Palace Resort.(vtk, )

Notice to Take Deposition of Dr. Lilli Perez-Iyechad; Certificate of Service by Leo Palace Resort.(vtk, )

Notice to Take Deposition of Tom Babauta; Certificate of Service by Leo Palace Resort.(vtk, )

Motion to File Psychotherapy Records Under the Seal of the Court filed by Leo Palace Resort. Responses due by 10/18/2007. Replies due by 10/25/2007. (vtk, )

Certificate of Service filed by Leo Palace Resort re [81] Motion to File Psychotherapy Records Under the Seal of the Court; [Proposed] Order re: Psychotherapy Records.(vtk, )

Notice of Cancellation of Depositions; Certificate of Service filed by Leo Palace Resort. (vtk, )

Order granting [81] Motion to File Psychotherapy Records Under the Seal of the Court. Signed by Judge Joaquin V.E. Manibusan Jr. on 10/16/2007. (vtk, )

Motion for Partial Summary Judgment; Memorandum of Points and Authorities filed by U.S. Equal Employment Opportunity Commission. Responses due by 11/5/2007. Replies due by 11/13/2007. (vtk, )

Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment. (vtk, )

Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment, [86] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. (vtk, )

Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. Responses due by 11/5/2007. Replies due by 11/13/2007. (rsn, )

Declaration of Tim Roberts in Support of [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. (rsn, )

Memorandum in Support of [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. (rsn, )

Certificate of Service re [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook, [89] Declaration of Tim Roberts, and [90] Memorandum in Support, filed by Leo Palace Resort. (rsn, )

Order granting [86] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. Signed by Judge Frances M. Tydingco-Gatewood on 10/25/2007. (vtk, )

Declaration of Angela D. Morrison in Support filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment. (vtk, )

Motion for Leave to File Sur-Reply in Support of the EEOC's Opposition to Defendant's Motion for Partial Summary Judgment filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva (re: [57] Motion for Partial Summary Judgment). Responses due by 11/9/2007. Replies due by 11/16/2007. (vtk, )

Declaration of Phillip Torres in Support of Plaintiff EEOC's Opposition filed by U.S. Equal Employment Opportunity Commission re [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook. (vtk, )

Notice of Lodging of Original Signature of EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [93] Declaration of Counsel, [85] Motion for Partial Summary Judgment. (vtk, )

Order granting [94] Motion for Leave to File Sur-Reply in Support of the EEOC's Opposition re: [57] Motion for Partial Summary Judgment. Signed by Judge Frances M. Tydingco-Gatewood on 11/2/2007. (vtk, )